M/S G.D. Engineering Construction through Its Prop Ghanshyam Das Dhiman v. State of Hp and Others
Case brief
What is this about?
Dismissal of appeal for non-prosecution; failure to deposit deficient court fees despite extension of time (Application No.8985 of 2018); appellant absent on 16.03.2019; matter adjourned sine die on 01.05.2019; revived after five years on 17.10.2024; appellant untraceable at given address per office report; underlying suit for damages dismissed by learned Single Judge on 11.01.2018; M/s G.D. Engineering Construction v. State of H.P. and Another; OSA No. 3 of 2018; High Court of Himachal Pradesh, Shimla; decided 04.03.2025; G.S. Sandhawalia, Chief Justice; Ranjan Sharma, Judge.
What did the court decide?
Since the appellant had neither deposited the requisite court fees despite the extension granted nor shown any interest in pursuing the litigation (and could not be traced at the given address), the Bench held it had no other option but to dismiss the appeal for non-prosecution.